UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6255
MACK LEE NICHOLS,
Petitioner - Appellant,
versus
MARTIN J. MCDADE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CA-97-212-5-BO)
Submitted: April 16, 1998 Decided: May 4, 1998
Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Mack Lee Nichols, Appellant Pro Se. Clarence Joe DelForge, III,
OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant seeks to appeal the district court's order granting
Appellee's motion for summary judgment and denying relief on his
petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997).
We have reviewed the record and the district court's opinion
accepting the recommendation of the magistrate judge and find no
reversible error. Accordingly, we deny a certificate of appeal-
ability and dismiss the appeal on the reasoning of the district
court. Nichols v. McDade, No. CA-97-212-5-BO (E.D.N.C. Jan. 13,
1998). We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
2